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(영문) 대전지방법원 2017.08.29 2017고단1922

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On March 22, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% from blood transfusions on March 22, 2017, while driving the said car, and driving the two-lane road in front of the D pharmacy in Class C, along the one-lane from Daejeon to Daejeon.

At night, there was a duty of care to prevent accidents in advance by reducing speed by living well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the driver.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s vehicle right side of the victim E (the age of 24) (the age of 24) who was seated on the right side of the fright side of the fright side of the fright side of the fright side of the fright side of the fright side of the fright side of the fright side

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol as above, and suffered injury to the victim by negligence in the course of business, such as a right-hand light flag and a non-standing flag, which require approximately 14 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Report on the gender statement of a driver placed in driving and notification of the results of regulating drinking driving;

1. A traffic accident report, a criminal investigation report, or a criminal investigation report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.